1987 PLP 1467 (SCMR)
ABDUL HAMID‑‑Petitioner Versus MUHAMMAD ALI‑‑Respondent
| Citation | 1987 PLP 1467 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | ABDUL HAMID‑‑Petitioner Versus MUHAMMAD ALI‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1467 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1467 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1467 (SCMR) (ABDUL HAMID‑‑Petitioner Versus MUHAMMAD ALI‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Yaqub Sindhu, Advocate Supreme Court instructed by Mr. Iqbal Ahmad Qureshi. Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 10th June, 1987.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court dated 19‑4‑1987 in Civil Revision No. 2115‑D of 1985). ‑‑‑Art. 185(3)‑‑Punjab Pre‑emption Act (I of 1913), S. 15(e) thirdly‑‑Right of pre‑emptors based on ownership in estate‑Judgment reported in P L D 1986 SC 360‑‑Effect on pending cases‑‑Suit for pre‑emption on basis of pre‑emptor being owner in estate decreed and upheld in revision by High Court‑‑Leave to appeal granted to examine question whether High Court was in error in not interfering with decisions of Courts below in view of Supreme Court judgment (PLD 1986 S C 360) whereby right of owner of estate to pre‑empt sale had been declared to be ineffective from specified date.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The respondent brought a suit for pre‑emption arising out of a sale of agricultural land on the basis that he was an owner in the estate. The suit was decreed by the trial Court on 17‑12‑1984 and the appeal of the petitioner who was the vendee was dismissed by the District Judge on 26‑10‑1985. The petitioner filed a revision petition in. the High Court which too was 'dismissed on 19‑4‑1987.
2. In support of this petition it is contended that in view of the judgment of the Shariat Appellate Bench of this Court in Government of N.‑W.F.P. v. Said Kamal Shah (P.L.D. 1986 S.C. 360) the High Court was in error in not interfering with the decisions of the Courts below. This contention needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.2,000/‑. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. A.A./A‑62/S Leave granted.